News

Court rules disability benefit suspension breached human rights

The suspension of the Disability Living Allowance (DLA) of a disabled child during his stay in hospital was in breach of the Human Rights Act, the Supreme Court has found.

In a precedent-setting case heard in March 2014, Cameron Mathieson’s family challenged the DLA regulations, which stop financial support when a child has spent more than 84 days in hospital.

Cameron spent more than two years in hospital with complex medical needs, and had his DLA stopped as a result. But after his death in 2012, at the age of five, his family continued their legal challenge against the Department for Work and Pensions (DWP).

They said the removal of benefits caused them financial hardship as they balanced being Cameron’s primary caregivers with looking after their other children.

The case is the first time that the Supreme Court has found in favour of a claimant in a social security case. The court’s decision has led charities Contact A Family and The Children’s Trust to urge the government to act urgently on the court’s ruling.

They are calling for the government to issue guidance so that similar unlawful decisions are not made, and to scrap the DLA’s rule that a payment should stop when a child has been in hospital for more than 84 days.

A DWP spokesman said it is "considering the judgment carefully".

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